(Adopted by the Thirteenth Annual Ministerial Conference of the People's Government of the Challenge on 8 February 2014, No. 152 of 20 February 2014, published as of 1 May 2014)

Chapter I General

Article 1 establishes this provision in the light of the provisions of the relevant laws, regulations, in order to regulate the administration of contracts, to prevent the risk of contracts by the administrative organs, to preserve the legitimate rights and interests of the parties to the national interest, public interest and contracts.

Article 2

This provision is not applicable because of emergency measures to be taken to establish contracts for the administration.

Article 3 refers to the contract of the executive body referred to in this article to the written agreement and other compassional legal documents concluded by the municipality and its work sector for the purpose of administration and public services, including but not limited to:

(i) Lands, forests, desertlands, water flow, sea, beaching, mined countries have the right to use natural resources for concessions, transfers, rentals, contractual contracts;

(ii) Contracting, selling or renting contracts for State assets, including intangible assets;

(iii) The contract signed after the solicitation of tenders, construction of tenders, government procurement procedures;

(iv) Administrative requisition, requisition and acquisition of reserve contracts;

(v) Administrative commission, incentive contracts;

(vi) Policy credit contracts;

(vii) Administrative institutions contract for strategic cooperation with enterprises.

Article IV. Contract management of administrative organs should be guided by clear liability, procedural norms, content legitimacy and timely principles.

Article 5: The rule of law sector of the municipality (hereinafter referred to as the municipal rule of law sector) is responsible for the organization of the implementation of this provision, which can be entrusted to the municipal legal advisers.

Article 6. The municipal rule of law sector should establish rules for the review of contracts by administrative organs, model provisions on contracts for administrative organs, etc. relating to the entire market administration system.

The municipal administrations should establish a contract management system for administrative organs in this sector to strengthen the management of contracts concluded and performed by this sector and its subordinate units, with specific work being undertaken by the rule of law institutions in that sector.

Article 7. The establishment of a contract by the executive branch shall determine the host sector. The administrative authority contract for a party in the municipality is performed by the executive branch of the executing agency or the designated sector of the municipal government as the sub-office; the contract of the executive branch of a party is performed by all branches.

The contract contractor branch is responsible for the preparation, drafting, implementation, dispute resolution, archives management, etc. of the contract.

Article 8

(i) Violations of the conditions and procedures established by the law;

(ii) Interim institutions and institutions established as parties;

(iii) Violations of the provisions of the law as a guarantor;

(iv) Commitment to the non-legal requirement of the parties or the third party;

(v) Other violations of legal regulations.

Article 9. The model text of the contract of the executive branch is developed and published, the legal review (considered with the review of legality and the appropriateness of the review, with the same), the system accompanying and entrusting the intermediary with the requirements for the management of contracts, such as investigations, evidence, in the sector's annual financial budget.

Chapter II

Article 10 The model text of the contract for administrative organs includes the following types:

(i) A model text of the contract of the executive body established by the State, the province;

(ii) The absence of a model text by the State, the province, which is based on a model version of the contract for the common use of the same type of administrative body;

(iii) There is a need to change the model text of national, provincial contracts with the other model text.

Article 11. The model text of the contract of the executive branch and its statement of use (hereinafter referred to as a model text) are developed by the organization of the municipal rule of law.

The model text of the contract of the executive branch of the city party is drafted by the municipal rule of law sector with the contract contractor's branch. The model text of the contract of the executive branch of one party is drawn up by the various departments; the model text on contracts involving two or more sectors for the administrative organs of one party, which is established by the municipal rule of law, will be drafted with the relevant sectors.

Article 12 establishes a model text of the contract of the executive authority shall strictly adhere to the provisions of the relevant legal regulations in order to protect the legal risks of the contract and to guarantee the safety and natural resources of State assets, financial funds and the effective use of public resources.

Article 13

(i) Communication of the trial;

(ii) Drafting of the model text of the contract of the executive branch;

(iii) Information notes and materials relating to the model text of contracts for administrative organs;

(iv) Reviews by sectoral rule of law institutions or specialized agencies;

(v) Other material required.

The submissions were not in accordance with the provisions of the previous paragraph and the municipal rule of law sector could require their presence or be filled within a specified period of time, and the municipal rule of law sector could return the material.

Article 14. The drafting and review of the model text of the contract of the executive organs shall, in accordance with the advice of the parties concerned, carry out investigations, assessments and arguments; in the area of professional technology, an expert scholars, professional institutions may be invited to participate or entrust them.

Article 15. The model text of the contract of administrative organs referred to in article 10, subparagraphs (ii), (iii) of this article shall be published by the Ministry of the Rule of Law and shall not be used without publication.

Changes are required after the publication of the model text of the contract of the executive branch, which is implemented in accordance with the procedures established in the Model Text.

Chapter III Establishment of an administrative authority contract

Article 16 shall determine the parties to the contract in accordance with the procedures and conditions established by the law.

The use of government procurement or tendering to determine the parties to the contract of the executive branch shall be subject to the provisions of the Law on Procurement of the Government of the People's Republic of China, the Law on tendering in the People's Republic of China.

Article 17 should be used in the drafting of a contract by the executive branch.

The contract of the executive branch signed by the municipality as a party or subject to approval by the municipality (hereinafter referred to as the Government's Administrative Authority contract) is drafted by the contractor's office. The contract of the executive branch of the municipal government is drafted by all sectors.

Prior to the conclusion of the contract by the executive branch, the contractor's office should conduct a feasibility review of the contract project, investigate cases such as the qualifications, assets, credit, performance capacity, and collect and collate information.

The administrative agency contract project involves other sectoral functions, and the contractor's branch should seek the views of other relevant departments before the contract is concluded.

The parties shall consult on the basis of the need during the process of the contract of the executive branch. The model text of the contract of the executive body should be consulted on the basis of the model text.

In consultation with the terms of contracts, negotiations, the contractor's office should be appointed, in accordance with the complexity of the project, to the extent of the amount of the mark, to the extent of the amount involved, or to organize the negotiating group and to make a clear mandate on the scope of the consultations.

The municipal administration contract project requires the organization of a negotiating team, which should be sent to members of the municipal rule of law sector.

Article 20 contains one of the following cases in the contract of the executive branch, which shall, no later than 10 working days prior to the signing of the contract, bring the drafting of the contract to the municipal authorities for legal review:

(i) States, provinces and municipalities have not yet developed model texts on contracts of administrative organs;

(ii) Substantive changes to the model text of the contract of the executive body, the subject, the rights obligations and the responsibility to default;

(iii) The municipality requires a legal review of the municipal rule of law sector.

In addition to the previous provision, the contract of the executive branch is governed by the law review by the rule of law in the contract contractor's office.

Article 21

(i) Whether the subject matter is worthy;

(ii) Whether the matter in question could be agreed in the form of a contract and whether the statutory administrative authority would be violated;

(iii) Whether the content is fair and whether there is a legal risk;

(iv) Whether the provisions of the dispute settlement, the terms of the breach of responsibility and the provisions of confidentiality were agreed;

(v) In conformity with the statutory procedures established by the contract;

(vi) Does not violate the relevant legal, legislative and regulatory provisions.

In article 22, the municipal rule of law sector asked the contract contractor's branch on matters relating to the contract of the executive branch and the contractor's written replies should be written within three working days.

Article 23 of the legal review concerned the content of legality, and the contract contractor's branch should modify the drafting of the contract for the administration in accordance with the legal review opinion, which is governed by the municipal government administration contract, and form the formal text of the contract after the approval of the municipal government.

The legal review concerns the appropriate content, the contract of the executive branch of the municipal administration, the contractor's branch should provide sufficient justification and basis and draw the decision of the municipal government on the basis of a comprehensive balance based on the actual situation, whether the contract of the executive branch of the municipal government is adopted, and the formal text of the contract should be developed by the various departments themselves.

The contract of the executive branch shall not be concluded without legal review or without review of legality.

Article 24 Reviews of the law are limited to the use of work within the executive branch, and the relevant work departments and informed personnel of the municipal government are not allowed to disclose the relevant content.

Article 25. The official text of the contract of the executive branch is signed by a statutory representative of the executive branch or by a representative authorized by the statutory representative in writing, plus a chapter of the unit or a chapter of the contract-specific nature.

The laws, regulations and regulations should be reported in accordance with the statutory procedures, in accordance with the administrative authority contracts approved, registered and filed by the relevant authorities.

Chapter IV Implementation of administrative organs contracts

Following the signing of the contract by the executive branch, the contractor's office should deal in a timely manner with issues in the implementation process and in a timely manner advocate rights.

The performance of administrative office contracts involves other sectors of work of the municipal government, which should be coordinated in a timely manner, and the relevant departments should perform their contractual agreements in a timely manner in accordance with the division of duties.

Article 27 arises in the course of the performance of the contract by the executive branch, which should in a timely manner advocate rights and take measures to prevent and respond to the risk of the contract:

(i) The legal or policy amendments or repeals based on the contract may affect the normal performance of the contract;

(ii) Significant changes in objective circumstances in the conclusion of a contract may affect the normal performance of the contract;

(iii) The deterioration of the state of property of the parties has resulted in loss or possible loss of performance capacity;

(iv) The occurrence of force majeure may affect the normal performance of the contract;

(v) A clear indication by the parties of the non-performance of contractual obligations by their actions;

(vi) Other implications or circumstances that may affect the performance of the contract.

In the course of the implementation of the municipal administration contract, the contractor's office should submit an early warning report to the municipal authorities in a timely manner and reproduce the municipal rule of law sector.

Article 28 should include the following:

(i) The text of the contract of the disputed administrative body and the related supplementary contract;

(ii) A description of the establishment and implementation of contracts by administrative organs;

(iii) The main elements of the contract risk of the administrative organs and the preliminary processing of advance cases;

(iv) The question of the need for clarification;

(v) Evidence material and checklist;

(vi) Other information to be submitted.

Article 29 creates disputes in the course of the performance of the contract by the executive branch, which should be resolved through consultation and conciliation.

A written agreement should be concluded by consultation or mediation; the contract contractor's branch should be treated in accordance with the law and, if necessary, by an outside counsel or by the municipal rule of law.

The contract of an administrative authority was brought to arbitration or had been applied for administrative review, and the contractor's office should be able to respond.

Article 31 Disputes arising from the contract of the executive branch of the municipal administration, the contractor's office should collect the material of evidence in a timely manner and provide responses to the approval of the municipal government.

The municipal rule of law sector is responsible for organizing the handling and handling of disputes in the administration of the municipal government.

In the course of the dispute settlement process, no institution or individual may waive the legitimate rights of either of the municipal government or of the party of its work.

Article 32 requires additional contracts or changes, removal of contracts after the contract is concluded by the administrative organs or in the course of their implementation, in accordance with the procedures established in this provision for the contract of the administrative organs.

Article 33: The following files produced in the course of the conclusion and implementation of the contract by the executive branch shall be issued in a timely manner, registered, kept and archived:

(i) Formal and supplementary contract text;

(ii) Survey material on the assets, credits, performance capacity of the parties to the contract;

(iii) Contract negotiations, consultation materials;

(iv) The basis for the contract and the approval of documents;

(v) Legal review;

(vi) material generated in the course of contractual disputes, such as the Court's adjudication instrument, the arbitral body ruling instrument, the conciliation instrument;

(vii) Other material requiring filing.

Chapter V Legal responsibility

In violation of this provision by the executive branch and its staff, there are one of the following acts, which are rectified by the competent authority's order, resulting in significant economic losses, to be held in accordance with the law by the organs, the inspectorate or other competent organs; and to hold criminal responsibility under the law:

(i) In violation of the provision for the use of the model text of the contract;

(ii) Self-exploitation of contracts without legal review or by legality;

(iii) In the course of contract formulation, review and implementation, heinous collation with others and damage to the legitimate rights and interests of the executive organs;

(iv) Toys negligence, abuse of authority and receive bribes in contract formulation, review, implementation;

(v) Establish contracts in violation of the prohibition provisions of article 8 of this article;

(vi) No conservative secret as required;

(vii) Renouncing the legitimate rights and interests of the executive branch;

(viii) No proper custody of contract information, archival material.

Article XV of the municipal rule of law sector and its staff have experienced a significant error in the legal review, resulting in higher economic losses, being held by an institution free of charge, a inspectorate or other competent authority to hold administrative responsibility in accordance with the law; constituted a crime and held criminal responsibility under the law.

Article 36 of the law of the executive branch to establish, modify and disband the contract of the administrative authority, which causes damage to citizens, legal persons or other organizations, shall be compensated by law.

Annex VI

Article 37 of the Municipal Government authorizes the administration contracts signed by the High New District Management Committee, the Tax District Management Committee, and the District (Parliament) Government to be implemented in accordance with the relevant provisions of the contract management of the administrative organs of the municipality.

Article 338

The Government's debt contract, which is a party to the city-owned company (enterprise), the financing platform, is subject to more than $1 billion in the mark, shall be reviewed by the municipal rule of law sector, review procedures and requirements for implementation in the light of this provision.

Article 39 of the municipal administration decision-making process involves the administration of the administration of the administration in accordance with the procedures reviewed by the administrative decision-making law, and its contents should be in line with the requirements set out in the present article.

Article 40